Procedural Safeguards

Procedural safeguards are rights provided to parents and school districts in the special education process. Some procedural safeguards for parents include the right to:

1. written prior notice before the school district proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, placement of the student, or the provision of a free appropriate public education to the student
   
2. have the notice written in understandable language, and provided in the parents’ native language or other mode of communication used by the parent, unless it is clearly not feasible to do so
   
3. give or withhold consent for certain activities
   
4. examine educational records
   
5. obtain independent educational evaluations for the child (which may be presented at a team meeting or due process hearing)
   
6. utilize formal and informal dispute resolution mechanisms to resolve disagreements between the parents and school

Often, disputes can be resolved by further meetings or sharing of information between parents and the school district. Parents and schools should try to resolve special education disputes using informal methods as a first step.

When disagreement still exists, the N.H. Department of Education provides neutral conference and mediation as alternatives to due process for parents and schools to resolve disputes regarding the identification, evaluation, placement and provision of a free appropriate public education (FAPE). These options offer both parties an opportunity to present their concerns and reach an agreement that both feel is appropriate for the child. Both parties must agree to participate in neutral conference or mediation or these two options can not be used.

If agreement cannot be reached through mediation or neutral conference, or if either party wishes to file a due process hearing, then a hearing officer will hear both parties (school and parents) and make a decision regarding the outcome. Both parties must abide by the hearing officer’s ruling, unless they file an appeal to civil court. Generally, attorneys are involved in due process hearings, but parties are not required to hire lawyers.

When there is a belief that the school or other public agency violated state or federal requirements (example: not following the IEP), a complaint may be filed with the NH Department of Education. The complaint will then be investigated and appropriate steps ordered to remedy any violations found.